Government Notices

Class action Filed Against Scotts Miracle-Gro over Tainted Bird Seed

A class action has been filed in federal court against Scotts Miracle-Gro over claims that “Country Pride,” “Morning Song,” “Scotts Songbird Selections,” and “Scott’s Wild Bird Food” contained pesticides that were highly toxic to birds.

According to the lawsuit, in November 2005, Scotts added Storcide II and Actellic 5E insecticides to the bird feed to prevent insects from infesting the feed during storage. The lawsuit says the EPA never authorized the use of those chemicals and that the agency specifically warns that Storcide II is extremely toxic to birds, fish, and other wildlife, Courthouse News reports.

The class action lawsuit states, “On information and belief, during the summer and fall of 2007, a pesticide chemist and an ornithologist working for Scotts warned Scotts about the application of the pesticides Storcide II and Actellic 5E to Scotts’ Morning Song Products. These employees warned Scotts about the potential threat to birds from using Storcide II in the bird food Scotts was selling nationwide. Notwithstanding these warnings from its own employees, Scotts, for over two years after it acquired the Morning Song bird food line and for six months after the specific warnings raised by its employees, continued to use the toxic Storcide II on its Morning Song products, an application not authorized by the EPA, as well as another pesticide, Actellic 5E, which was also not authorized for use on bird food.” The company continued to sell the insecticide tainted products until 2008, when they recalled the products.

The class action says Scotts sold 73 million units of the bird feed between 2005 and the recall.

The class was filed on behalf of all residents of New Mexico, Arkansas, Missouri, Illinois, Minnesota, and Kentucky who purchase the product between November 2005 and March 2008.

Class action Filed Against Scotts Miracle-Gro over Tainted Bird Seed

A class action has been filed in federal court against Scotts Miracle-Gro over claims that “Country Pride,” “Morning Song,” “Scotts Songbird Selections,” and “Scott’s Wild Bird Food” contained pesticides that were highly toxic to birds.

According to the lawsuit, in November 2005, Scotts added Storcide II and Actellic 5E insecticides to the bird feed to prevent insects from infesting the feed during storage. The lawsuit says the EPA never authorized the use of those chemicals and that the agency specifically warns that Storcide II is extremely toxic to birds, fish, and other wildlife, Courthouse News reports.

The class action lawsuit states, “On information and belief, during the summer and fall of 2007, a pesticide chemist and an ornithologist working for Scotts warned Scotts about the application of the pesticides Storcide II and Actellic 5E to Scotts’ Morning Song Products. These employees warned Scotts about the potential threat to birds from using Storcide II in the bird food Scotts was selling nationwide. Notwithstanding these warnings from its own employees, Scotts, for over two years after it acquired the Morning Song bird food line and for six months after the specific warnings raised by its employees, continued to use the toxic Storcide II on its Morning Song products, an application not authorized by the EPA, as well as another pesticide, Actellic 5E, which was also not authorized for use on bird food.” The company continued to sell the insecticide tainted products until 2008, when they recalled the products.

The class action says Scotts sold 73 million units of the bird feed between 2005 and the recall.

The class was filed on behalf of all residents of New Mexico, Arkansas, Missouri, Illinois, Minnesota, and Kentucky who purchase the product between November 2005 and March 2008.

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